Civil rights won a rare victory in Florida on March 11 when Florida education officials and civil rights attorneys reached a settlement that allows students and teachers to discuss sexual orientation and gender identity in Florida classrooms as long as it’s not part of instruction. 

Florida’s House Bill 1557, the so-called “Don’t Say Gay” law, was passed two years ago and prohibited the instruction of gender identity and sexual orientation in elementary school classrooms. The law has since been expanded to include classrooms up to 12th grade, and other states have enacted copy-cat legislation, including Alabama, Arkansas, Indiana, Iowa, Kentucky, and North Carolina. LGBTQIA+ advocates have critiqued the law for stifling free speech for educators who identify as LGBTQIA+. But, with the recent Equality Florida v. Florida State Board of Education settlement, the law will have a more limited impact.

“The settlement reached with Florida education officials, securing a significant victory against the draconian ‘Don’t Say Gay’ law, represents a necessary and incomplete step toward justice for students and educators who identify as and are assumed to be LGBTQ+,” David J. Johns, CEO of the National Black Justice Coalition (NBJC), a leading Black LGBTQIA+ civil rights organization, said in a statement. “While this achievement is noteworthy, it is crucial to recognize that this legal victory comes with significant limitations and caveats.”

While the clarification allows teachers and students to identify themselves as LGBTQIA+ and have rainbow stickers or flags in the classroom, the law will still censor and prohibit instruction related to sexual orientation or gender identity. Johns said that while the settlement mandates that the law does not prohibit incidental discussion of LGBTQIA+ people, topics, or books and does not prevent the implementation of anti-bullying and nondiscrimination measures or the formation of Gay-Straight Alliance groups, it falls short of addressing the fundamental injustice in the law itself.

“Students and teachers can discuss their identities and family structures, yet they cannot provide instructional support for students on the meaning and implications of the terms that may be used in the discussion,” said Johns. “This partial victory underscores the urgent need to redouble our efforts to fight for LGBTQ+ rights. While we may have secured some relief for LGBTQ+ individuals in Florida, the struggle against systemic oppression and discrimination is far from over. Conservative attacks against our community persist, fueled by bigotry and political expediency.”

Johns hopes Florida lawmakers will extend their legislation session and repeal the remaining portions of the law that are anti-LGBTQIA+. 

“We must remain steadfast in our commitment to upholding the humanity and dignity of all our LGBTQ+ siblings, both in Florida and across the country. Our fight for justice and equality demands nothing less than full recognition and affirmation of the rights and experiences of our people in all facets of society. Until that day comes, our work is far from finished,” he said.

The Florida Board of Education will send instructions to school districts explaining the clarifications, including that the law applies to both LGBTQIA+ and heterosexual people and that it does not apply to library books not being used for instruction in the classroom. In the 2022-23 school year, the Florida Department of Education banned more than 300 books. As of January 2024, more than 1,600 books have been banned in Escambia County alone. PEN America is currently challenging the book bans in court.

“This is a step in the right direction, but the fight against this dangerous law continues—learning about diverse families should not be off-limits in Florida schools,” said Katie Blankenship, director of PEN America’s Florida office, in a statement. “Thankfully, this settlement will bring books back to the shelves and restore open discourse on LGBTQ+ identity in our classrooms. But even with this victory and the clarification that the settlement provides, ‘Don’t Say Gay’ continues to chill protected expression and prevent age-appropriate education on important topics, on the basis of partisan ideology.”